Freedom of Information (Scotland) Act 2002 - section 5 power: sixth report

Every two years Scottish Ministers are required to lay a report before the Scottish Parliament about the exercise of the section 5 power to extend the coverage of the Freedom of Information (Scotland) Act 2002 (FOISA). This sixth report covers the period 1 November 2023 to 27 October 2025.


Conclusion

22. The Scottish Government has not exercised the section 5 power during the reporting period but is actively considering the use of the power to extend coverage of FOISA to further entities.

23. This is currently being taken forward principally in relation to the proposed extension of FOISA to private and third sector providers of care home and ‘care at home’ services.

24. Over the reporting period the Scottish Government has legislated by other routes to extend FOISA to two existing organisations delivering important functions which were not previously covered – Zero Waste Scotland and the Law Society of Scotland. Three newly created bodies have also been made subject to FOISA.

Contact

Email: foi@gov.scot

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